DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS
IN THE MATTER OF the Ontario College of Teachers Act, 1996 (the “Act”) and the Regulation (Ontario Regulation 437/97) thereunder;
AND IN THE MATTER OF a discipline proceeding against
Jean-Paulo Guilherme, a member of the Ontario College of Teachers
PANEL: Robert Gagné, Chair Shanlee Linton, OCT Wes Vickers, OCT
BETWEEN: )
) Alyssa Brierley,
) Legal Counsel,
ONTARIO COLLEGE OF TEACHERS ) for Ontario College of Teachers
- and - )
) Jerry Raso, Legal Counsel,
JEAN-PAULO GUILHERME ) Ontario English Catholic (CERTIFICATE # 471610) ) Teachers Association
) for Jean-Paulo Guilherme
) Rebecca Durcan,
) Steinecke Maciura LeBlanc,
) Independent Legal Counsel
) Heard: October 22, 2014
DECISION, REASONS FOR DECISION AND ORDERS
This matter came on for hearing before a panel of the Discipline Committee (the “Committee”) on October 22, 2014 at the Ontario College of Teachers (the “College”) at Toronto.
A Notice of Hearing dated June 25, 2014 was served on Jean-Paulo Guilherme (the “Member”) requesting his presence on August 7, 2014 to set a date for a hearing and specifying the allegations. The hearing was subsequently set for October 22, 2014.
The Member and his Counsel were present at the hearing.
THE ALLEGATIONS
The allegations against the Member in the Notice of Hearing dated June 25, 2014 (Exhibit 1) are as follows:
IT IS ALLEGED that Jean-Paulo Guilherme is guilty of professional misconduct as defined in subsection 30(2) of the Act in that:
(a) he provided false information or documents to the College or any other person with respect to the member’s professional qualification, contrary to Ontario Regulation 437/97, subsection 1(1);
(b) he used a name other than the member’s name, as set out in the register, in the course of his or her professional duties, contrary to Ontario Regulation 437/97, subsection 1(4);
(c) he failed to maintain the standards of the profession, contrary to Ontario Regulation 437/97, subsection 1(5);
(d) he signed or issued, in the member’s professional capacity, a document that the member knew or ought to have known contained a false, improper or misleading statement, contrary to Ontario Regulation 437/97, subsection 1(12);
(e) he committed acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional, contrary to Ontario Regulation 437/97, subsection 1(18); and
(f) he engaged in conduct unbecoming a member, contrary to Ontario Regulation 437/97, subsection 1(19).
College Counsel tendered the Membership Information for Jean-Paulo Guilherme (Exhibit 2), which indicates that the Member has held a Certificate of Qualification and Registration since 2003 and that he was registered with the College during the period of the alleged events.
MEMORANDUM OF AGREEMENT
Counsel for the College advised the Committee that an agreement had been reached between the parties and introduced a Memorandum of Agreement dated October 7, 2014 (the “MOA”) (Exhibit 3), which provides as follows:
Agreed Statement of Facts
The parties hereby agree to the truth and accuracy of the facts that are hereinafter expressed and agree to the receipt of this document by the Discipline Committee.
Jean-Paulo Guilherme, OCT (the "Member") is a member of the College in good standing.
At all material times, the Member was employed by the Dufferin-Peel Catholic District
School Board (the "Board") as a teacher at [XXX] School (the "School").
In May 2009, the Member was involved in organizing a school field trip to [XXX] and was responsible for collecting students' money.
One of the students provided the Member a $500.00 money order for the trip, but the money order was never cashed and was believed to have been lost. As a result, the trip was cancelled and all other students were reimbursed money collected for the trip.
On March 22, 2011, the money order in the amount of $500.00 was deposited into the Member's credit union account through an automated teller machine. On April 18, 2011, the student's parent was notified that a lost money order was negotiated. The incident was reported to the police and, on April 27, 2011, the Member was charged with fraud under $5,000.
During the Board’s investigation, it was also revealed that the Member had submitted documentation to the Board in which the Member's year of birth, the spelling of his name, country of birth and address were incorrect.
On May 2, 2011, the Member was re-assigned to home duties with pay, and was subsequently suspended without pay on September 1, 2011. On November 22, 2011, the Board terminated the Member's employment.
On July 18, 2012, the Member was given a conditional discharge on the fraud charge. The Member successfully appealed the conditional discharge, which resulted in the charges being withdrawn by the Crown on December 11, 2013.
By this document, the Member pleads guilty to professional misconduct as alleged in the Notice of Hearing, issued on June 25, 2014. The Member's guilty plea in this matter does not constitute an admission by the Member as to the facts or findings in any other civil, criminal or administrative proceeding.
The Member voluntarily admits the above particulars and understands that by doing so, he is waiving the right to require the College to prove the case against him and the right to a contested hearing.
Joint Submission on Resolution
The Parties agree to resolve the matter as follows:
the Parties agree and undertake that upon ratification of this MOA, there shall be no further action taken in this administrative proceeding, no appeal of any or all of the terms· of this agreement, and no application for judicial review, providing the terms of this MOA are adhered to;
the Parties agree and understand that if any phrase or paragraph of this MOA is deemed null and void, the MOA shall be read as though the phrase or paragraph that was stricken from the MOA and the amended MOA shall remain in force and effect;
the Member agrees and understands that upon ratification of this MOA, the Discipline Committee shall find him guilty of professional misconduct and he shall receive a reprimand from the Committee;
the Member shall appear before the Committee immediately following the hearing of this matter to receive a reprimand, and the fact of the reprimand is to be recorded on the College’s public Register. The reprimand shall be delivered at the offices of the College located at 101 Bloor Street West, Toronto, Ontario;
the Member agrees and understands that for the purpose ·of considering this matter, the Discipline Committee will be provided with this MOA and the Notice of Hearing, which will be marked as Exhibits and will constitute the evidence upon which the guilty plea will be accepted, the finding of guilt or finding will be made, and the penalty or order will be imposed;
the Member agrees and undertakes to, within 90 calendar days of ratification of this MOA, successfully complete, at his own expense, a course of instruction covering professional ethics, pre-approved by the Registrar. The Member's Certificate of Qualification and Registration will be subject to Terms, Conditions and Limitations;
the Member agrees and undertakes to provide the Registrar with written confirmation of his successful completion of this course(s), prepared by the course practitioner(s), within 30 calendar days of completion. The course practitioner will also confirm that he/she reviewed the Decision, Reasons and Orders of the Discipline Committee and MOA before commencing the course and that, based on his/her interactions with the Member, he/she is satisfied that the Member understands that his conduct was inappropriate;
the Member agrees and understands that upon ratification of this MOA, a notation shall be placed on the Public Register, maintained by the Registrar, in accordance with section 23 of the Ontario College of Teachers Act, 1996. This information will also be contained on the Certificate of Qualification and Registration, public register, and Statement of Professional Standing. There may be amendments made to these documents and the Public Register to reflect this agreement between the Parties, including amendments to the Member's Status, Status History and Terms, Conditions and Limitations;
the Member agrees and understands that the College shall publish a summary of the complaint and its resolution as contained in this MOA. Such publication shall be made in the College’s official publication, Professionally Speaking/Pour parler profession, on the College web site, and in any other manner the Registrar deems appropriate. The Discipline Committee shall determine whether publication shall include the Member's name;
the Member agrees and understands that upon ratification of this MOA, the College shall make the Decision and Reasons of the Discipline Committee available for review by the public in the College's Margaret Wilson Library, on the College's website and in any other forum the Registrar deems appropriate;
the Member agrees and understands that upon ratification of this MOA, the College may submit a copy of the Decision and Reasons of the Discipline Committee to Quicklaw and/or any other on-line legal database;
the Member agrees and understands that this MOA is the entire agreement between him and the College and that there have been no oral or written representations made by the College as an inducement or threat to enter into this MOA; and,
each party may sign a separate copy of this MOA which, when so signed and delivered, shall be an original copy even though not signed by the other parties. All such separately signed copies shall together constitute evidence of all parties' consent to be bound by this agreement.
DECISION
Having examined the exhibits filed, and based on the Memorandum of Agreement and the submissions made by both Counsel, the Committee ratifies the Memorandum of Agreement. The Committee finds that Jean-Paulo Guilherme committed acts of professional misconduct, being more particularly breaches of Ontario Regulation 437/97, subsections 1(1), 1(4), 1(5), 1(12), 1(18) and 1(19).
REASONS FOR DECISION
Through the MOA the Member voluntarily admitted the particulars set out in the agreement and waived his right to require the College to prove the case against him. The Committee accepts the MOA and finds the Member guilty of professional misconduct.
The Committee finds the Member had failed to conduct himself in accordance with his professional and ethical obligations, when he deposited a money order in the amount $500 collected for a school trip into his personal credit union account. By his actions and admission, the Member has breached Ontario Regulation 437/97, subsections 1(1), 1(4), 1(5), 1(12), 1(18) and 1(19).
The Committee finds that the Member’s behaviour is disgraceful, dishonourable and unprofessional. As a teacher, the Member was expected to be a role model for his students. In this he failed. The Member betrayed an essential element of professional trust and he undermined the perception of the profession and brought disrepute upon its members.
RESOLUTION
The Committee accepts the Joint Submission on Resolution and submissions from College Counsel, and makes the following order as to penalty:
The Member is directed to appear before the Committee immediately following the hearing of this matter to receive a reprimand, and that the fact of the reprimand is to be recorded on the College’s public Register.
The Registrar is directed to impose the following terms, conditions and limitations on the Member’s Certificate of Qualification and Registration, the fact of such terms, conditions and limitations are to be recorded on the College’s public register until such time as they are fulfilled:
(a) Within 90 calendar days of ratification of this MOA to successfully complete, at his own expense, a course of instruction covering professional ethics, pre-approved by the Registrar.
(b) The Member is to provide the Registrar with written confirmation of his successful completion of this course(s), prepared by the course practitioner(s), within 30 calendar days of completion.
- The findings and orders of the Committee shall be published in summary form, with the name of the Member, in the official publication of the College, Professionally Speaking/Pour parler profession.
REASONS FOR RESOLUTION
The Committee carefully considered and accepted the Joint Submission on Resolution.
The Committee determined that the Member failed to act in a professional and ethical matter when he deposited student’s funds into his personal credit union account.
The Committee determined that a reprimand is reasonable and appropriate.
The Committee further determined that a course of instruction covering professional ethics will provide the Member with an understanding of the ethical standards and obligations of the profession. It is the Committee’s expectation that the course will assist the Member in identifying appropriate decision-making.
The Committee determined that publication of the findings and order, with the Member’s name, responds to the need for transparency and accountability and serves the public interest, as well as informing the profession of the consequences of unethical behaviour. Publication, with the Member’s name, acts as a specific deterrent to the Member as well as a general deterrent to the profession as it sends a message to members that behaviour of this nature will result in publication with name in the College’s official magazine.
The Committee is satisfied that the penalty is appropriate in the circumstances and serves and protects the public interest.
Date: October 22, 2014
________________________________ Robert Gagné
Chair, Discipline Panel
Shanlee Linton, OCT
Member, Discipline Panel
Wes Vickers, OCT
Member, Discipline Panel